EXEMPTION FROM PARAGRAPH 801.01(2)(a), PARAGRAPH 801.08(b) OF THE CANADIAN AVIATION REGULATIONS AND PARAGRAPH 3.3(c), SECTION 5.2, PARAGRAPHS 5.3(c) and (d), 5.4(c) and (d) AND PARAGRAPHS 6.2(g) and (h) OF CHAPTER 2 OF THE CANADIAN DOMESTIC AIR TRAFF...

From: Transport Canada

Pursuant to subsection 5.9(2) of the Aeronautics Act, and after having taken into account that the exemption is both in the public interest and is not likely to affect aviation safety, I hereby exempt NAV CANADA, 77 Metcalfe Street, Ottawa, Ontario K1P 5L6 and all NAV CANADA air traffic controllers working for hire or reward for NAV CANADA from the requirements set out in paragraph 3.3(c), section 5.2, paragraphs 5.3(c) and (d), 5.4(c) and (d) and paragraphs 6.2(g) and (h) of Chapter 2 of the Canadian Domestic Air Traffic Control Separation Standards made pursuant to paragraph 801.01(2)(a) and paragraph 801.08(b) of the Canadian Aviation Regulations.  This exemption is subject to the following conditions.

The requirements of paragraph 801.01(2)(a), paragraph 801.08 (b) of the Canadian Aviation Regulations and paragraph 3.3(c), section 5.2, paragraphs 5.3(c) and (d), 5.4(c) and (d) and paragraphs 6.2(g) and (h) of Chapter 2 of the Canadian Domestic Air Traffic Control Separation Standards are detailed in Appendix A to this exemption.

PURPOSE

This exemption permits NAV CANADA air traffic controllers working for hire or reward to use position reports received from aircraft using Global Positioning System (GPS) receivers in the application of distance based longitudinal separation contrary to the status quo whereby NAV CANADA air traffic controllers are restricted to the use of aircraft positions derived only from Distance Measuring Equipment (DME) reports.

APPLICATION

This exemption applies only to NAV CANADA, 77 Metcalfe Street, Ottawa, Ontario, K1P 5L6 and all NAV CANADA air traffic controllers working for hire or reward for NAV CANADA when applying distance based longitudinal separation between aircraft providing position reports derived from GPS receivers and between such aircraft and aircraft providing DME position reports.

CONDITIONS

This exemption is subject to the following conditions:

  1. NAV CANADA air traffic controllers shall apply distance based longitudinal separation between aircraft providing position reports derived from GPS receivers and between such aircraft and aircraft providing DME position reports.
  2. Notwithstanding condition one (1), NAV CANADA air traffic controllers shall continue complying with all relevant sections of the Canadian Domestic Air Traffic Control Separation Standards when applying distance based longitudinal separation between two DME equipped aircraft.
  3. NAV CANADA air traffic controllers shall not apply distance based longitudinal separation as specified in condition one (1) unless Direct Controller Pilot Communications (DCPC) has been established between the aircraft and the air traffic controller.
  4. NAV CANADA air traffic controllers shall not establish longitudinal separation when using a mix of DME and GPS position reports, unless the DME aircraft is either at 10,000 feet or below or outside of 10 miles from the DME NAVAID, to account for DME slant range.
  5. NAV CANADA air traffic controllers shall not apply distance based longitudinal separation between aircraft providing position reports derived from GPS receivers and between such aircraft and aircraft providing DME position reports unless they have received familiarization training on and demonstrated their level of competency with its application.

VALIDITY

This exemption is in effect until the earliest of the following:

  1.  The date on which any of the conditions set out in this exemption is breached;
  2. The date on which an amendment to the appropriate provisions of Chapter 2 of Standard 821 – Canadian Domestic Air Traffic Control Separation Standards incorporated by reference into the Canadian Aviation Regulations or related standards comes into effect; or
  3. The date on which this exemption is cancelled, in writing, by the Minister of Transport, Infrastructure and Communities where he is of the opinion that it is no longer in the public interest or that it is likely to affect aviation safety.

DATED at Ottawa, Ontario, Canada this 12th day of May 2008, on behalf of the Minister of Transport, Infrastructure and Communities.

Original signed by:
Don Sherritt

D. B. Sherritt
Director, Standards 
Civil Aviation
Transport Canada

Appendix A

801.01
(2) No air traffic controller shall issue an air traffic control clearance or an air traffic control instruction except
(amended 2002/09/24; previous version)

  1. in the case of domestic airspace, in accordance with the Canadian Domestic Air Traffic Control Separation Standards; and

801.08
No holder of an ATS operations certificate shall provide air traffic services at an operational location unless the services are provided in accordance with

  1. in the case of air traffic control services, the Canadian Domestic Air Traffic Control Separation Standards.

3.3 The following conditions shall be met when discontinuing vertical separation between aircraft on reciprocal tracks:

  1. both aircraft are using the same DME and position reports indicate that they have passed and are 5 miles apart, provided the outbound aircraft is 15 miles or more from the DME facility;

5.2 Aircraft on the same track using DME shall be separated by one of the following minima:

  1. 20 miles;
  2. 10 miles between:
    1. aircraft that have departed from adjacent locations and have reported over the same reporting point,
    2. en route aircraft that have reported DME in relation to the same facility, or
    3. a departed aircraft behind an en route aircraft that has reported over the reporting point serving the point of departure, provided that, in each case, the leading aircraft is maintaining a speed that is 20 or more knots faster than the following aircraft;
  3. 5 miles between:
    1. aircraft that have departed from adjacent locations and have reported over the same reporting point,
    2. en route aircraft that have reported DME in relation to the same facility, or
    3. a departed aircraft behind an en route aircraft that has reported over the reporting point serving the point of departure, provided that, in each case, the leading aircraft is maintaining a speed that is 40 or more knots faster than the following aircraft.

5.3 Aircraft on the same track, at the time that altitude levels are crossed, shall be separated by one of the following minima: (N)

  1. 10 miles, provided that:
    1. both aircraft are using DME,
    2. DCPC is established, and
    3. the leading aircraft is descending through the altitude of the following aircraft or the following aircraft is climbing through the altitude of the leading aircraft;
  2. 10 miles, if DCPC is not established, provided that:
    1. both aircraft are using the same DME facility,
    2. the leading aircraft is 20 knots faster than the following aircraft,
    3. the leading aircraft is descending through the altitude of the following aircraft or the following aircraft is climbing through the altitude of the leading aircraft,
    4. the vertical separation at the commencement of change is 4,000 feet or less, and
    5. the position of the lead aircraft is determined before that of the following aircraft.

    NOTE:
    Except as otherwise allowed for in Chapter 2, Section 5.3(d), whenever aircraft are separated using DME, DCPC will be established.

5.4 Aircraft on crossing tracks shall be separated by one of the following minima:

  1. 20 miles, provided that both aircraft are using the same DME and the tracks cross at the NAVAID;
  2. 10 miles provided both aircraft are using the same DME, the tracks cross at the NAVAID and the leading aircraft is maintaining a speed that is 20 or more knots faster than the following aircraft.

6.2 The following conditions shall be met when a departing aircraft is separated from other departing aircraft by one of the following minima:

  1. 10 miles, until altitude levels are crossed provided that:
    1. the following aircraft will climb through the altitude of the leading aircraft, and
    2. both aircraft use DME and follow the same track to or from the same DME NAVAID immediately after take-off;
  2. 5 miles, provided that:
    1. other separation will be established not later than the time the following aircraft reaches a point 15 miles from the departure runway, and
    2. both aircraft use DME and follow the same track to or from the same DME NAVAID immediately after take-off.
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